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(영문) 서울서부지방법원 2018.08.16 2018고단1616

특정범죄가중처벌등에관한법률위반(도주치상)등

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as “Aggravated Punishment, etc.”) and the Road Traffic Act (hereinafter referred to as “Aggravated Punishment, etc.”)

On April 7, 2018, around 06:58, the Defendant, without obtaining a driver's license on the road in Yongsan-gu Seoul, Yongsan-gu, Seoul, was in progress as a front of a polytex police box located in polytex university.

At the time, there is a night and a place where the center line of the yellow domin line is installed, so a person engaged in driving service has a duty of care to thoroughly operate the front line and to safely operate the wheel line.

Nevertheless, the Defendant neglected to do so and got the victim E (51) who was driven in the opposite part of the Defendant’s vehicle driven by the negligence of the Defendant, which led to the Defendant’s failure to commit this, to the front driver of the passenger vehicle in front of the car.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim E, such as salt, tensions, etc. of a trend requiring approximately three weeks of medical treatment, and at the same time, did not immediately stop the said victim’s car so that 1,466,091 won of the repair cost is damaged and escaped without taking measures such as providing relief to the victim.

2. Violation of the Traffic Act on roads.

A. On April 6, 2018, the Defendant: (a) around 08:00, at around 08:00, driven a car at the 135 km-ro, Dong-dong, Gangnam-gu, Seoul, without obtaining a driver’s license from approximately 18 kilometers from the 112-lanes front of the 112-lane, as Seoul Samsungdong-dong, to around 112-lane-dong; (b) around 23:00 on the same day, the Defendant driven the said car at approximately 9 kilometers-dong, without obtaining a driver’s license, from around 23:0 on the front of the said king-dong, Seoul to the front road of the 20-gu, Yongsan-gu, Seoul High School.

B. On April 7, 2018, the Defendant is front of a light elementary school located in 20 Yongsan-gu, Yongsan-gu, Seoul High School on April 7, 2018.